Victorian Current Acts Victorian Current Acts(1) A police officer of or above the rank of senior sergeant may apply to a magistrate for the issue of a search warrant in relation to particular premises or a place (including a vehicle in or on the premises or the place) if the police officer suspects on reasonable grounds that—
(a) an offence against this Act has been, is being or is likely to be committed; and
(b) it is necessary to search the particular premises or the place (including a vehicle in or on the premises or the place) in order—
(i) to investigate or prevent the commission of that offence or the continuation of the commission of that offence; or
(ii) to enable evidentiary material to be obtained of the commission of that offence or of the identity or location of an offender.
(2) In addition to any other requirement, an application for a search warrant under this section must state—
(a) the name and rank of the applicant; and
(b) the particulars of the grounds on which the application is based; and
(c) the address or other description of the premises or place to be searched; and
(d) if the warrant is sought to search for a particular thing, a full description of that thing and, if known, its location; and
(e) if the warrant is sought to search for a particular kind of thing, a description of the kind of thing; and
(f) if a previous application for the same warrant was refused, details of the refusal; and
(g) any other prescribed information.
(3) On an application under subsection (1), if a magistrate is satisfied by evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting that an offence against this Act has been, is being or is about to be committed, and that it is necessary to search the particular premises or a place (including a vehicle in or on the premises or the place) for a purpose specified in subsection (1)(b), the magistrate may issue a search warrant authorising the police officer named in the warrant and any assistants the police officer considers necessary—
(a) to enter the particular premises or place or vehicle named or described in the warrant; and
(b) to search for and seize any evidence of the offence named or described in the warrant, including evidence of the identity or location of an offender.
(4) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the prescribed form under that Act.
(5) The rules to be observed with respect to search warrants set out by or under the Magistrates' Court Act 1989 extend and apply to warrants under this section.
(6) In this section—
"vehicle" includes motor vehicle, aircraft and vessel.
S. 47B inserted by No. 25/2017 s. 22.